Can You Sue For Negligent Security?

Property owners and managers have a legal duty to take reasonable steps to maintain safe premises for visitors and tenants. When property owners fail to address known hazards, the consequences can be serious. Florida Statute § 768.0755 allows injured victims to seek compensation if the owner failed to keep their space reasonably safe.

What Is Negligent Security?

Negligent security is a type of premises liability claim that is filed when a property owner or manager knew, or should have known about potential safety risks but failed to take reasonable steps to protect people from foreseeable criminal activity. If inadequate security measures contribute to someone being injured or harmed. It holds commercial, residential, or public property owners accountable if a third party commits a crime on their premises that could have been prevented with adequate security measures.

Whether you're visiting a shopping center, staying at a hotel, at your apartment complex, or walking through a parking garage, you have the right to expect reasonable safety measures to be in place to protect against foreseeable risks and dangers. Property owners can’t prevent every crime, but they are expected to address known security risks by providing appropriate safety measures like adequate lighting, functioning locks, security cameras, or trained security staff. When those reasonable precautions are ignored and a preventable crime occurs, victims may have grounds to pursue a negligent security claim.

What Are Examples of Negligent Security?

Common examples of negligent security include:

• Broken or Missing Lighting⎯Poorly lit parking lots, stairwells, hallways, and entryways can create hidden areas where criminal activity is more likely to occur.
• Defective Security Equipment⎯Broken security cameras and inoperable alarm systems.
• Unsecured Entrances and Exits⎯Failing to secure entrances and restrict access to authorized individuals in apartment buildings or commercial complexes. (i.e., broken front lobby locks).
• Lack of Security Guards⎯Neglecting to hire appropriate security staff or failing to ensure that guards are properly trained, vetted, and capable of responding to potential threats, especially in high-risk areas like nightclubs, banks, or apartment complexes.
• Overgrown Landscaping⎯Neglecting landscaping and property conditions that create blind spots or hidden areas that increase security risks.
• History of Crime⎯Ignoring known patterns of criminal activity in the area and failing to take appropriate security precautions.

A crime occurring on a property doesn’t automatically mean the owner is legally responsible. The most important question is whether the owner was aware, or should have been aware of a potential danger and failed to take reasonable precautions to help prevent it.

‍

Negligent Security Lawsuit: What Factors Are Needed to Prove Liability

To successfully pursue compensation in a negligent security case, a plaintiff’s legal team must establish four core elements:

The Defendant Owed a Duty of Care

The property owner or manager owed a duty to take reasonable steps to maintain a safe environment for individuals who were lawfully on the premises, including customers, tenants, guests, and visitors.

Breach of Duty

The owner or manager failed to take reasonable security measures despite known or foreseeable risks (e.g., prior criminal activity, unsafe property conditions).

Causation

The victim must demonstrate that the property owner's failure to implement reasonable security measures played a role in causing the incident and resulting injuries. This means there must be a direct connection between inadequate security and the harm suffered.

Damages

The victim must show that the incident caused real harm. This could be physical injuries, emotional trauma, medical treatment costs, lost earnings, or other measurable losses.

An important factor connecting these elements is foreseeability. Courts often consider whether the criminal activity was “reasonably foreseeable.” Were there prior similar incidents on or near the property, known safety concerns, or a history of criminal activity in the area? These are all taken into account when determining whether the owner or manager had reason to anticipate potential risks and take reasonable security measures.

What Should You Do if You’re Injured on Someone Else's Property?

If you've been injured or assaulted because of negligent security measures on someone’s property, the right steps you take right after the incident can help preserve important evidence and support your legal case.

Call 911

Calling 911 and getting a police report will be an important part of evidence for any legal action. Ask for copies of all reports.

Collect Evidence of the Scene

If possible, collect as much information, video, and photo evidence as you can such as, visible injuries, broken security equipment, and other dangerous conditions of the property. 

‍Get Any Witness Information

If anyone witnessed what happened, be sure to get their names and contact information. Their accounts can be valuable evidence to help support your case.

Seek Medical Attention

Your health should always be your first priority after a negligent security incident. Seeking medical attention not only helps ensure your injuries are treated, but also creates important documentation of the harm you suffered. Medical records can provide valuable evidence of your injuries, treatment, recovery process, and related expenses when pursuing a claim.

Contact a Boca Raton Negligent Security Attorney As Soon As Possible

If you have been injured because of inadequate security, contact Kushel Law Group’s Boca Raton negligent security attorney as soon as possible to help protect your rights and preserve important evidence. Our skilled attorneys will immediately start investigating the incident, review security measures, gather evidence, identify responsible parties, and determine whether the property owner or manager failed to take reasonable precautions. Contact us 24/7 to schedule a free consultation by calling us at 561-940-0100 or filling out our online form.

‍

FAQs

What is considered negligent security?

Negligent security occurs when a property owner or manager fails to address foreseeable safety risks like inadequate lighting, broken security systems, unsecured entrances, or a lack of appropriate security measures. If someone is harmed because of these failures, the property owner could be held liable.

Who can be held responsible for negligent security?

Depending on the circumstances, a property owner, landlord, business owner, property management company, or other responsible party may be held liable for failing to provide reasonable security measures.

Does a crime have to happen for a property owner to be liable?

No, a crime doesn’t have to occur for a property owner to be held liable. Property owners have a legal duty to take reasonable steps to maintain a safe environment for visitors, guests, and tenants.

How much compensation can you recover in a negligent security lawsuit?

The amount of compensation depends on the seriousness of the injuries and the damages involved. Damages can include medical expenses, lost wages, pain and suffering, emotional distress, and other related costs.

What is the statute of limitations on premise liability in Florida?

The statute of limitations for most premises liability claims in Florida is usually two years from the date of the incident.